90 Ala. 495 | Ala. | 1890
The present proceeding originated in a petition filed by O’Reilly, the administrator, for an order to sell real estate to pay the debts of Susan Denty, his intestate. Code of 1886, §§2104, et seg. The averment of the petition is, “ that the personal property of the estate of said decedent is insufficient to pay the debts of the said estate,” without any
Whenever the petition on its face makes a sufficient case for relief, subsequent irregularities, or the omission of qualifying facts not shown in the petition, do not render the proceedings void on collateral attack. — -1 Brick. Dig. 939, § 355; Pollard v. Hanrick, 74 Ala. 334; Whitlow v. Echols, 78 Ala. 206; Lyons v. Hamner, 84 Ala. 197; Townsend v. Steele, 85 Ala. 580.
The petition should have averred that Mrs. Dean was a married woman, and the name of her husband, if known or ascertainable, should have been given.—Bingham v. Jones, 84 Ala. 202.
The Probate Court erred in not granting the prayer of Mrs. Abernathy’s petition.
Reversed and remanded.